- Latest available (Revised)
- Point in Time (27/10/2008)
- Original (As enacted)
Version Superseded: 28/09/2009
Point in time view as at 27/10/2008. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Children (Scotland) Act 1995, Section 97 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In section 12 of the 1978 Act (making of adoption orders)—
(a)in subsection (3), at the beginning, insert “ Subject to subsection (3A) ”; and
(b)after subsection (3) insert—
“(3A)Where the adoption order is made by virtue of section 15(1)(aa), its making shall not operate to extinguish the parental responsibilities and parental rights which immediately before the making of the order were vested in the natural parent to whom the adopter is married.”.
(2)In section 15(1) of that Act (adoption by one person)—
(a)after paragraph (a) insert—
“(aa)not being a person who may make application by virtue of paragraph (b) below, is married to a person—
(i)who is the natural parent of the child concerned; and
(ii)in whom are vested parental responsibilities and parental rights in relation to the child,”; and
(b)in paragraph (b), at the beginning insert—
“not being a person who may make application by virtue of paragraph (aa) above,”.
(3)In section 39 of that Act (status conferred by adoption), for subsection (1) substitute—
“(1)A child who is the subject of an adoption order shall be treated in law—
(a)where the adopters are a married couple, as if—
(i)he had been born as a legitimate child of the marriage (whether or not he was in fact born after the marriage was constituted); and
(ii)he were not the child of any person other than the adopters;
(b)where the adoption order is made by virtue of section 15(1)(aa) as if—
(i)he had been born as a legitimate child of the marriage between the adopter and the natural parent to whom the adopter is married (whether or not he was in fact born after the marriage was constituted); and
(ii)he were not the child of any person other than the adopter and that natural parent; and
(c)in any other case, as if—
(i)he had been born as a legitimate child of the adopter; and
(ii)he were not the child of any person other than the adopter.”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: